Articles Posted in Domestic Violence

pexels-fotios-photos-3703737-300x212Anger is a powerful emotion, and when not managed properly, it can lead to severe consequences, including, sometimes, violent behavior. Many acts of domestic violence stem from unresolved anger issues. Perhaps this describes your current situation; maybe your anger got the best of you, causing an argument with your partner to escalate out of control, and now you have found yourself under arrest and charged with domestic violence. 

Perhaps this is your first offense, or maybe it’s happened before. Perhaps you’re aware of your anger issues and have been trying to control them. Unfortunately, there are many misconceptions about handling anger that, instead of helping, can exacerbate the problem. Let’s talk briefly about what doesn’t work in managing anger and what you can do instead going forward.

Common Mistakes and Myths in Managing Anger

Screenshot-2024-08-16-110619-300x164In California, domestic violence cases are fraught with emotional, legal, and personal complexities. One particularly insidious tactic that abusers often use to manipulate the situation is the claim of “mutual combat.” This deflection strategy involves the abuser accusing you, the victim, of being equally violent—or worse, of initiating the conflict. Such accusations can lead to dual arrests, dual protective orders, and the possibility of you being charged with a domestic violence crime alongside the perpetrator, even when you are actually the victim.

Understanding the Concept of ‘Mutual Combat’

Mutual combat refers to a situation where both parties are deemed to have willingly engaged in physical violence against each other. In the context of domestic violence, this can be a misleading and harmful label. Abusers often leverage this claim to muddy the waters, making it appear as though the victim is just as guilty. This tactic can be particularly effective because it creates confusion and doubt in the minds of law enforcement, prosecutors, and even judges.

pexels-cottonbro-4100655-300x200While domestic violence is an epidemic in our society, it’s rarely as simple as someone simply losing their temper. There are almost always underlying causes for violence, and those causes may not be immediately apparent. That’s why, if you’ve recently been arrested or charged with domestic violence, you’re very possibly feeling a strong combination of guilt and confusion. You may be saying to yourself, “How did this happen? How did I get here? Why did I do that?” If you are, know that this is a very common response—and it can feel this way whether it’s your first DV arrest or if you have prior convictions.

Unless your partner falsely accused you, chances are you know something went terribly wrong to put you in this situation but putting your finger on why can be very elusive. So, let’s take a moment to delve into some of the root causes of domestic violence to gain perspective. As we do this, let’s emphasize that this exploration isn’t about justifying your actions but gaining insight into the dynamics of control, the factors contributing to feelings of losing control, and pathways to seek help and initiate positive change.

Understanding the Dynamics of Control

kelly-sikkema-1YeQl23dvJI-unsplash-200x300Facing charges of domestic violence in California is a profoundly serious matter that can impact every facet of your life—from your personal relationships to your standing in the community and future employment opportunities. The legal process that follows such accusations is fraught with emotional and legal complexities, not the least of which is facing your accuser inside a courtroom. 

Since most domestic violence cases involve intimate partners, there’s a strong likelihood that your accuser is someone you love or once loved. The rules of engagement with this individual are vastly different inside the courtroom than they were in your home. Understanding how to navigate these challenges with dignity, respect, and a clear head is crucial to ensuring you receive the best resolution possible for your case.

Understanding the Legal Implications of Domestic Violence Accusations

julian-myles-2YGrbLlbz6Y-unsplash-300x200There was a time in California when protections for domestic violence victims were admittedly lacking. Law enforcement appeared generally reluctant to get involved in domestic squabbles, often viewing it as a “private matter” between husband and wife–and when they did get involved, they frequently let the alleged perpetrator off with a warning if the injuries appeared to be minor or nonexistent. Victims often faced disbelief and apathy from the criminal justice system, with abusers escaping harsh punishment or even prosecution.

All that changed with the high-profile trial of O.J. Simpson in 1995. 

Despite the controversial outcome of Simpson’s acquittal, the trial put a spotlight on the issue of domestic violence, bringing it out of the shadows and into public consciousness. It sparked important conversations about victim blaming, power dynamics in relationships, and the need for stronger laws to protect domestic violence victims. California responded in kind with much stronger laws protecting the victims. Still, some would argue the pendulum has swung too far in the other direction, now unfairly implicating and penalizing the accused even before they have been found guilty. Let’s discuss this pivotal criminal trial and its overall effect on California’s approach to domestic violence today.

pexels-marcus-aurelius-4064229-200x300One of the most challenging and distressing situations a parent can encounter is being accused of committing an act of domestic violence against their own child. When the child in question is a special needs child with behavioral issues, the stress is compounded even more as criminal charges of child abuse may result. When you’re parenting a child with special needs, challenges can sometimes escalate into situations that are misunderstood or misinterpreted by outsiders. Even worse–sometimes a vindictive spouse or co-parent will level a false accusation against you, usually to prevail in a custody dispute. Either way, this accusation can feel like a double-edged sword, cutting deep into the heart of your family life and your relationship with your child, who requires extra care and understanding due to their unique needs. 

In situations like this, especially given the social stigma involved, it can feel like you’re considered guilty until proven innocent. However, the opposite is still true. While you might be subject to protective orders put in place to ensure the protection of the child, in the end, it’s still up to the prosecution to prove your guilt beyond a reasonable doubt. Let’s delve deeper into this sensitive issue and discuss what a defense strategy might look like.

Understanding California Laws on Domestic Violence

pexels-cottonbro-studio-4098369-200x300While domestic violence is a serious public health issue, and while the State of California rightfully implements strong laws to protect victims, there are also many instances in which someone may be unfairly accused of domestic violence. In fact, research has shown that in as many as 25-35 percent of all domestic violence cases, accusations made are either unverifiable by facts, made by mistake or outright fabricated. Unfortunately, when this happens, California law tends to err on the side of the alleged victims, drawing immediate guardrails around the accused as a precaution and causing significant life disruptions in the process.

Perhaps you’ve experienced this reality firsthand. Maybe your partner has falsely accused you of domestic violence, and you’ve found yourself removed from your home, hit with a protective order barring you from contact with your partner (and possibly your children), and perhaps even facing criminal charges–let alone being saddled with the public stigma of being labeled an abuser. Why do these accusations get made–and more importantly, what can be done about it to repair the damage to your life?

False Domestic Violence Accusations: Why and How

inaki-del-olmo-NIJuEQw0RKg-unsplash-300x200When we think on a fundamental level about domestic violence, we sometimes think in stereotypical terms based on our ideas of who/what an abuser is. Maybe we imagine an abuser as someone who has no job or no ambition; maybe in our minds, they’ve got mental health issues or are addicted to drugs and alcohol. 

But these things don’t describe you. By all accounts, you’re considered a success. You’re a noted overachiever. So, how is it that you’re under arrest for domestic violence? Why have you been served with a protective order? How could this happen? In your mind, you don’t fit the “profile” of an abuser.

And that’s where you’d be wrong. Domestic violence, an issue that plagues societies worldwide, has no singular face or definitive profile. It’s a complex and multifaceted problem affecting individuals from all walks of life, including those we often deem successful and accomplished. In fact, for high achievers, the pressure to maintain that success can even be a driving factor of violence.

pexels-pixabay-163431-300x200It’s a reality of life that couples sometimes disagree–sometimes even loudly. Sometimes, an argument can get out of hand, leading one to accuse the other of domestic violence. If you’ve recently been arrested over such an argument, and it’s your first offense, you might be able to explain it as a disagreement that went too far. But if this is not your first time being accused of domestic violence, but perhaps even the third or fourth, that suggests a pattern of abuse. As uncomfortable as it might be, it’s probably time to look at the underlying causes behind these behavior patterns. In many cases, if not most, it comes down to a need to exert power and control over your partner.

Power dynamics in abusive relationships can often be subtle and sometimes quite overt–but so prevalent is the dynamic of control in abusive relationships that California has even passed a “coercive control” law, which enables victims to seek a protective order simply by providing evidence of a “pattern of behavior that unreasonably interferes with a person’s free will and personal liberty.” The bottom line is that if you are a repeat offender, there’s a high probability that you have control issues regarding your partner. So, let’s delve into this idea and see what we can learn.

Understanding Power and Control in Relationships

pexels-mart-production-7699320-200x300When thinking about domestic violence, especially from the standpoint of criminal charges, we typically think of it in terms of the perpetrator (the defendant) and the victim (the accuser). But domestic violence spares no one in the families where it happens, and there are other victims to consider. As many as 90 percent of domestic violence incidents are witnessed by the children in the home, and these children are also victims of the violence, even if they are not direct victims of child abuse

Overall, the research is clear: Children caught in the storm of domestic violence typically carry the scars into adulthood, and the impacts frequently manifest in psychological and behavioral ways. The fact is, the children can’t help but be affected. The question is, how much does domestic abuse affect children? Does witnessing spousal abuse predetermine a child’s fate? Will they inevitably become either abusers or the abused in their adult relationships? Let’s look at this issue to see what we can learn.

The Psychological Impact of Witnessing Spousal Abuse

Contact Information